Page:United States Statutes at Large Volume 62 Part 1.djvu/1012

 PUBLIC LAWS-CH. 646 -JUNE 25, 1948 § 2637. Review of decisions of divisions The decision of a division of the Customs Court, in any matter within its jurisdiction shall be the decision of such court, and shall be final and conclusive upon all parties, unless a party to such proceed- ing takes an appeal to the Court of Customs and Patent Appeals Anre,p.979. within the time and manner provided in section 2601 of this title, but if the decision relates to a reappraisement of merchandise, such appeal to the Court of Customs and Patent Appeals shall be upon questions of law only. § 2638. Precedence of classification cases Every proceeding in the Customs Court, relating to classification of merchandise or rate of duty assessed thereon, and arising under sec- Pot,p.1002. tion 1516 (b) of Title 19, shall be given precedence over other cases on the docket of such court, and shall be assigned for hearing and trial at the earliest practicable date and expedited in every way. Ante, p. 943; post, pp. 990, 1002. Ante, pp. 933, 971. "Federal agency." "Employee o the government." § 2639. Analysis of imported merchandise A division or a single judge may order an analysis of imported merchandise and reports thereon by laboratories or bureaus of the United States. § 2640. Rehearing or retrial A division which has decided a case or a single judge who has decided an appeal for a reappraisement may, upon motion of either party made within thirty days next after such decision, grant a rehear- ing or retrial. § 2641. Frivolous protest or appeal The Customs Court shall, upon motion of counsel for the Govern- ment and may, upon its own motion, decide whether any appeal for reappraisement or protest filed under this chapter, under sections 1501, 1514, 1515 or 1516 of Title 19 or under section 1583 of this title is frivolous. If the court decides that such appeal or protest is frivo- lous, it shall assess a penalty of not less than $5 nor more than $250 against the person filing such appeal or protest. All frivolous appeals for reappraisement or protests filed by the same person and raising the same issue shall be consolidated in one proceeding for the purpose of imposing such penalty. CHAPTER 171-TORT CLAIMS PROCEDURE Sec. 2671. Definitions. 2672. Administrative adjustment of claims of $1,000 or less. 2673. Reports to Congress. 2674. Liability of United States. 2675. Disposition by federal agency as prerequisite; evidence. 2676. Judgment as bar. 2677. Compromise. 2678. Attorney fees; penalty. 2679. Exclusiveness of remedy. 2680. Exceptions. § 2671. Definitions As used in this chapter and sections 1346 (b) and 2401 (b) of this title, the term- "Federal agency" includes the executive departments and inde- pendent establishment of the United States, and corporations primarily acting as, instrumentalities or agencies of the United States but does not include any contractor with the United States. "Employee of the government" includes officers or employees of any federal agency, members of the military or naval forces of the United States, and persons acting on behalf of a federal agency in an official capacity, temporarily or permanently in the 982 [62 STAT.

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